| N.Y. App. Div. | Nov 12, 1937
The proceeding is to direct the city chamberlain of the city of New York to pay to petitioner in cash the balance of a sum deposited with him for the benefit of petitioner. Petitioner, through his guardian, had instituted an action for damages for personal injuries. The action was settled and the amount paid, less attorney’s fees, was deposited with the chamberlain pursuant to the order of the court. Subsequently, an order was made authorizing and directing the chamberlain to invest the money in guaranteed first mortgage certificates. Upon attaining his majority the petitioner instituted the present proceeding and moved for an order directing the chamberlain to pay in cash the balance plus accrued interest to him. The court referred the motion to an official referee to take proof